Legal Question in Landlord & Tenant Law in Illinois

Hello my question is this I moved into an apartment building in August of this year I have paid my rent on time and sometimes even early. I was recently hurt at work in October so have been relying on workmans comp to pay me. I recently had to hire an attorney because my workmans comp checks had stop coming and I wasn't getting a response from the Insurance company as to why they stopped coming. I am currently six to eight weeks behind in checks. When I contacted my lawyer about it the paralegal stated that they are asking for an update from my doctor saying that I should still be off work. My thing is this is my first accident at work so I didn't know that they needed a new letter from my doctor every month and that my lawyer and or doctor should have known this. So I informed my lawyer that i needed an advance on the case of $1000 because I am a month behind in rent. It seems like I am getting the run around from my lawyer about approving this when he was the one who even gave me the company that they use instead of going with the company that had already approved me. My question is this I informed my landlords of the situation and they said okay and they were some what okay about it. I understand that they want there money heck I want mine. Today they knocked on my door and gave me a hand written note on a loose piece of paper stating that because I have not paid rent that I needed to vacate their apartment by Monday January 9th 2012. Is this legal this is my first apartment so I don't know, and I need to know if have to get out with a hand written note. Its not like Im not trying Im going to all my resources that I can. And my next question is should I go to a different lawyer because I would not be in this situation if they would have done what they were suppose to do I think I mean this is what they told me. This is just really stressful and I would love if some one could help me out. Thank you.


Asked on 1/04/12, 2:26 am

1 Answer from Attorneys
Stephen Messutta

If you don't pay your rent the lease, and the law, allows the landlord to give you a 5-day notice. At the end of the 5 days, your lease is supposedly terminated, but to evict you they would have to file a lawsuit if you don't voluntarily move. So they may mean it, or may just be protecting themselves in case you don't come through with the rent money. Since you have an attorney working on getting the money, we can't comment. But you should send a COPY of the notice to the attorney immediate stressing how critical it is that you get money needed to pay the rent, and keep in touch with the landlord. Your comp. attorney may NOT handle landlord-tenant issues. You should talk to your comp. attorney on options you may have for some short-term interim monies.

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Answered on 1/04/12, 7:20 am


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